An employer is entitled to summary judgment as to the plaintiff’s disability-discrimination claim. The employer had refused to allow the plaintiff to use his hearing aids during a pre-hire hearing test, and he failed the minimum hearing standards for the position he sought.
Although the defendant would have been considered the plaintiff’s employer under the joint-employer doctrine, the plaintiff’s requested accommodation of working with his hearing aids in low-noise areas would not be reasonable given the defendant’s work environment. Further, the plaintiff has failed to adduce evidence that the defendant’s reason for not hiring him was a pretext for disability discrimination.
Motion for summary judgment granted.